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Case TitleSolar v. United States Immigration and Customs Enforcement
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2023cv00405
Date Filed2023-03-08
Date Closed2024-06-11
JudgeJudge Michael T Liburdi
PlaintiffAnayeli Pimental Solar
Case DescriptionAnayeli Pimental Solar submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning her husband and any detentions of him by ICE. The agency acknowledged receipt of the request. Solar's counsel late asked for expedited processing. After hearing nothing further from the agency, Solar filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-081COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing fee received: $ 402.00, receipt number AAZDC-21677185 filed by Anayeli Pimental Solar. (Belous, Laura) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(SCA) (Entered: 03/08/2023)
2023-03-082SUMMONS Submitted by Anayeli Pimental Solar. (Belous, Laura) (Attachments: # 1 Summons, # 2 Summons)(SCA) (Entered: 03/08/2023)
2023-03-083Filing fee paid, receipt number AAZDC-21677185. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-23-00405-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) (Entered: 03/08/2023)
2023-03-084NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Anayeli Pimental Solar. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) (Entered: 03/08/2023)
2023-03-085Summons Issued as to United States Immigration and Customs Enforcement. (Attachments: # 1 Summons, # 2 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/08/2023)
2023-03-276SERVICE EXECUTED filed by Anayeli Pimental Solar: Certified Mail Receipt re: Complaint and Summons upon United States Attorney for the District of Arizona on March 13, 2023. (Belous, Laura) (Entered: 03/27/2023)
2023-03-277SERVICE EXECUTED filed by Anayeli Pimental Solar: Certified Mail Receipt re: Complaint and Summons upon Attorney General of the United States of America on March 13, 2023. (Belous, Laura) (Entered: 03/27/2023)
2023-04-078*Withdrawn by 11 * Consent MOTION for Extension of Time to File Answer re: 1 Complaint by United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Singh, Neil) Modified on 4/10/2023 (REK). (Entered: 04/07/2023)
2023-04-079SERVICE EXECUTED filed by Anayeli Pimental Solar: Certified Mail Receipt re: Complaint and Summons upon United States Department of Homeland Security Office of General Counsel on March 23, 2023. (Belous, Laura) (Entered: 04/07/2023)
2023-04-0710Consent MOTION for Extension of Time to File Answer re: 1 Complaint (Corrected) by United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Singh, Neil) (Entered: 04/07/2023)
2023-04-0711WITHDRAWAL OF DOCUMENT re: 8 Consent MOTION for Extension of Time to File Answer re: 1 Complaint by Defendant United States Immigration and Customs Enforcement. (Singh, Neil) (Entered: 04/07/2023)
2023-04-1012ORDER - IT IS ORDERED granting Defendant's Consent Motion for Extension of Time to Answer Complaint (Doc. 10 ). Defendant shall file a responsive pleading to the Complaint on or before May 12, 2023. Signed by Judge Michael T Liburdi on 4/10/2023. (SLQ) (Entered: 04/10/2023)
2023-05-1113Second MOTION for Extension of Time to File Answer re: 1 Complaint (Unopposed) by United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Singh, Neil) (Entered: 05/11/2023)
2023-05-1214ORDER granting the Consent Motion for Extension of Time to Answer Complaint (Doc. 13 ). IT IS FURTHER ORDERED permitting Defendant to file a responsive pleading to the Complaint on or before 6/26/23. Signed by Judge Michael T Liburdi on 5/11/23. (SMF) (Entered: 05/12/2023)
2023-06-2715Consent MOTION for Extension of Time to File Answer re: 14 Order on Motion for Extension of Time to Answer, by United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Singh, Neil) (Entered: 06/27/2023)
2023-06-2916ORDER granting Defendant's Consent Motion for Extension of Time to Answer Complaint (Doc. 15 ). Defendant shall file its answer or response to Plaintiff's Complaint no later than August 25, 2023. Signed by Judge Michael T Liburdi on 6/28/23. (SMF) (Entered: 06/29/2023)
2023-08-3117Consent MOTION for Extension of Time to File Answer re: 1 Complaint by United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Singh, Neil) (Entered: 08/31/2023)
2023-09-1218ORDER granting the Motion 17 . Defendant shall file with the Court a responsive pleading to Plaintiff's Complaint no later than September 22, 2023. Signed by Judge Michael T Liburdi on 9/11/2023. (REK) (Entered: 09/12/2023)
2023-09-2219Joint MOTION for Extension of Time to File Answer re: 1 Complaint by Anayeli Pimental Solar. (Belous, Laura) (Entered: 09/22/2023)
2023-09-2220ORDER granting 19 Motion for Extension of Time to Answer. Defendant shall file with the Court a responsive pleading to Plaintiff's Complaint no later than 10/23/2023. Signed by Judge Michael T Liburdi on 9/22/23. (DXD) (Entered: 09/22/2023)
2023-10-2321ANSWER to 1 Complaint by United States Immigration and Customs Enforcement.(Singh, Neil) (Entered: 10/23/2023)
2024-01-2422ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference is set for 2/15/2024 at 02:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. See order for additional details. Signed by Judge Michael T. Liburdi on 1/24/2024. (LMR) (Entered: 01/24/2024)
2024-02-0123Corporate Disclosure Statement by Anayeli Pimental Solar. (Belous, Laura) (Entered: 02/01/2024)
2024-02-0224Joint MOTION for Relief from Scheduling Order re: 22 Order,, Set/Reset Hearings, by Anayeli Pimental Solar. (Attachments: # 1 Proposed Order)(Belous, Laura) (Entered: 02/02/2024)
2024-02-0525ORDER granting the parties' Motion (Doc. 24 ) and vacating the deadlines and the February 15, 2024 scheduling conference set forth in the scheduling order (Doc. 22 ). IT IS FURTHER ORDERED that the parties provide a joint status update by March 5, 2024 to inform the Court of the status of possible settlement of Plaintiff's request for fees and costs. If the parties are not able to reach a settlement agreement by March 5, 2024, the parties must propose a briefing schedule for a motion to grant attorneys' fees and costs in the joint status update. Signed by Judge Michael T Liburdi on 2/5/2024. (CSL) (Entered: 02/05/2024)
2024-03-0526STATUS REPORT Joint by Anayeli Pimental Solar. (Attachments: # 1 Proposed Order)(CastanedaAcosta, Rocio) (Entered: 03/05/2024)
2024-03-0727ORDER: Pursuant to the parties' Joint Status Update (Doc. 26 ), Plaintiff's motion for fees and costs must be filed no later than 5/3/2024. Defendant's response is due 7/2/2024. Plaintiff's reply is due 8/5/2024. Signed by Judge Michael T. Liburdi on 3/6/2024. (LMR) (Entered: 03/07/2024)
2024-04-2328Consent MOTION for Extension of Time Briefing Schedule by United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Singh, Neil) (Entered: 04/23/2024)
2024-04-2429ORDER: Defendants Unopposed Motion to Modify Briefing Schedule (Doc. 28 ) is granted. Plaintiff's motion for fees and costs shall be filed no later than May 17, 2024. Defendant's response to Plaintiff's motion shall be filed no later than July 16, 2024. Plaintiff's reply to Defendant's response must be filed no later than August 19, 2024. Signed by Judge Michael T. Liburdi on 4/24/2024. (LMR) (Entered: 04/24/2024)
2024-05-0930NOTICE of Settlement by United States Immigration and Customs Enforcement. (Singh, Neil) (Entered: 05/09/2024)
2024-05-1031ORDER - The Clerk shall, without further notice, DISMISS this case on 6/10/24, unless prior thereto a party files a request for reinstatement on the Court's trial calendar. All deadlines are vacated. Signed by Judge Michael T Liburdi on 5/10/24. (DXD) (Entered: 05/10/2024)
2024-06-0732*STIPULATION of Dismissal by United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Singh, Neil) *Modified to correct event and text on 6/10/2024 (REK). (Entered: 06/07/2024)
2024-06-1133ORDER: The parties' Joint Stipulation of Dismissal 32 is granted. The Clerk of Court shall dismiss this action with prejudice pursuant to the executed agreement filed with the Stipulation 32 . The Clerk of Court shall close this case. Signed by Judge Michael T Liburdi on 6/10/2024. (REK) (Entered: 06/11/2024)
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